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90_HB2614ham001
LRB9009205THpkam01
1 AMENDMENT TO HOUSE BILL 2614
2 AMENDMENT NO. . Amend House Bill 2614 by replacing
3 the title with the following:
4 "AN ACT to amend the School Code by changing Sections
5 9-12.1, 10-5, 10-16, 10-22.31, and 10-22.32."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The School Code is amended by changing
9 Sections 9-12.1, 10-5, 10-16, 10-22.31, and 10-22.32 as
10 follows:
11 (105 ILCS 5/9-12.1) (from Ch. 122, par. 9-12.1)
12 Sec. 9-12.1. (a) On the reverse side of each ballot
13 contained in Section 9-12, except the ballot under Format 6,
14 shall be printed the following:
15 OFFICIAL BALLOT
16 ..... County, Illinois
17 School District No. ...., ...... County, Illinois
18 Election Tuesday, ...., 19...
19 (facsimile signature of the election authority)
20 (b) If 6-year terms have been adopted under Section 9-5,
21 or if a ballot is to be used to elect a member or members of
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1 a board of school directors or board of education at the
2 consolidated election held in April of 1999 or April of 2001
3 to a full term that is less than a 4-year term, appropriate
4 adjustments should be made to each ballot in Section 9-12. In
5 the case of any unexpired term each ballot format must
6 indicate whether it is a 4-year or a 2-year unexpired term.
7 (Source: P.A. 84-1338.)
8 (105 ILCS 5/10-5) (from Ch. 122, par. 10-5)
9 Sec. 10-5. Organization of board - Report to treasurer
10 and regional superintendent of schools. Within 7 days after
11 the regular election of directors, the directors shall meet
12 and organize by appointing one of their number president and
13 another as clerk, except that when directors are elected at
14 the consolidated elections in April of 1999 and April of
15 2001, the directors shall meet and organize, in the manner
16 provided by this Section, within 7 days after the first
17 Tuesday after the first Monday of November in each of those 2
18 years. The clerk shall at once report to the treasurer and
19 regional superintendent of schools the names of the president
20 and clerk so appointed. Upon organizing itself as provided
21 in this Section, the board of school directors shall enter
22 upon the discharge of its duties. Terms of members are
23 subject to Section 2A-54 of the Election Code.
24 (Source: P.A. 90-358, eff. 1-1-98.)
25 (105 ILCS 5/10-16) (from Ch. 122, par. 10-16)
26 Sec. 10-16. Organization of Board. Within 7 days after
27 the consolidated election, other than the consolidated
28 elections in 1999 and 2001, the board shall organize by
29 electing its officers and fixing a time and place for the
30 regular meetings. However, when school board members are
31 elected at the consolidated elections held in April of 1999
32 and April of 2001, the board shall organize within 7 days
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1 after the first Tuesday after the first Monday of November in
2 each such year by electing officers and setting the time and
3 place of the regular meetings. Upon organizing itself as
4 provided in this paragraph, the board It shall then enter
5 upon the discharge of its duties.
6 The regional superintendent of schools having supervision
7 and control, over the district as provided in Section 3-14.2,
8 of a new school district that is governed by the School Code
9 and formed on or after the effective date of this amendatory
10 Act of 1998 this Act shall convene the newly elected board
11 within 7 days after the election of the board of education of
12 that any new district governed by this Act, whereupon the
13 board shall proceed to organize by electing one 1 of their
14 number as president and electing a secretary, who may or may
15 not be a member. At such meeting the length of term of each
16 of the members shall be determined by lot so that 4 shall
17 serve for 4 years, and 3 for 2 years from the commencement of
18 their terms; provided, however, if such members were not
19 elected at the consolidated nonpartisan election in an
20 odd-numbered year, such initial terms shall be extended to
21 the consolidated nonpartisan election for school board
22 members immediately following the expiration of the initial 4
23 or 2 year terms. The provisions of this paragraph that relate
24 to the determination of terms by lot shall not apply to the
25 initial members of the board of education of a combined
26 school district who are to be elected to unstaggered terms as
27 provided in subsection (a-5) of Section 11B-7.
28 The terms of the officers of a board of education shall
29 be for 2 years, except that the terms of the officers elected
30 at the organization meeting in November, 2001 shall expire at
31 the organization meeting in April, 2003; provided that the
32 board by resolution may establish a policy for the terms of
33 office to be one year, and provide for the election of
34 officers.
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1 Special meetings of the board of education may be called
2 by the president or by any 3 members of the board by giving
3 notice thereof in writing, stating the time, place and
4 purpose of the meeting. Such notice may be served by mail 48
5 hours before such meeting or by personal service 24 hours
6 before such meeting. Public notice of meetings must also be
7 given as prescribed in Sections 2.02 and 2.03 of the Open
8 Meetings Act, as now or hereafter amended.
9 At each regular and special meeting which is open to the
10 public, members of the public and employees of the district
11 shall be afforded time, subject to reasonable constraints, to
12 comment to or ask questions of the board.
13 The president or district superintendent shall, at each
14 regular board meeting, report any requests made of the
15 district under provisions of The Freedom of Information Act
16 and shall report the status of the district's response.
17 (Source: P.A. 90-459, eff. 8-17-97.)
18 (105 ILCS 5/10-22.31) (from Ch. 122, par. 10-22.31)
19 Sec. 10-22.31. Special education.
20 (a) To enter into joint agreements with other school
21 boards to provide the needed special educational facilities
22 and to employ a director and other professional workers as
23 defined in Section 14-1.10 and to establish facilities as
24 defined in Section 14-1.08 for the types of children
25 described in Sections 14-1.02 through 14-1.07. The director
26 (who may be employed under a multi-year contract as provided
27 in subsection (c) of this Section) and other professional
28 workers may be employed by one district, which shall be
29 reimbursed on a mutually agreed basis by other districts that
30 are parties to the joint agreement. Such agreements may
31 provide that one district may supply professional workers for
32 a joint program conducted in another district. Such
33 agreement shall provide that any full-time school
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1 psychologist who is employed by a joint agreement program and
2 spends over 50% of his or her time in one school district
3 shall not be required to work a different teaching schedule
4 than the other school psychologists in that district. Such
5 agreement shall include, but not be limited to, provisions
6 for administration, staff, programs, financing, housing,
7 transportation, an advisory body, and for the withdrawal of
8 districts from the joint agreement. Except as otherwise
9 provided in Section 10-22.31.1, the withdrawal of districts
10 from the joint agreement shall be by petition to the regional
11 board of school trustees. Such agreement may be amended at
12 any time as provided in the joint agreement or, if the joint
13 agreement does not so provide, then such agreement may be
14 amended at any time upon the adoption of concurring
15 resolutions by the school boards of all member districts. A
16 fully executed copy of any such agreement or amendment
17 entered into on or after January 1, 1989 shall be filed with
18 the State Board of Education. Such petitions for withdrawal
19 shall be made to the regional board of school trustees of all
20 counties having jurisdiction over one or more of the
21 districts in the joint agreement. Upon receipt of a petition
22 for withdrawal, the regional boards of school trustees having
23 jurisdiction over the cooperating districts shall publish
24 notice of and conduct a joint hearing on the issue as
25 provided in Section 7-6. No such petition may be considered,
26 however, unless in compliance with Section 7-8. If approved
27 by a 2/3 vote of all trustees of those regional boards, at a
28 joint meeting, the withdrawal takes effect as provided in
29 Section 7-9 of this Act.
30 (b) To either (1) designate an administrative district
31 to act as fiscal and legal agent for the districts that are
32 parties to the joint agreement, or (2) designate a governing
33 board composed of one member of the school board of each
34 cooperating district and designated by such boards to act in
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1 accordance with the joint agreement. No such governing board
2 may levy taxes and no such governing board may incur any
3 indebtedness except within an annual budget for the joint
4 agreement approved by the governing board and by the boards
5 of at least a majority of the cooperating school districts or
6 a number of districts greater than a majority if required by
7 the joint agreement. If more than 17 school districts are
8 parties to the joint agreement, The governing board may
9 appoint an executive board of at least 7 members to
10 administer the joint agreement in accordance with its terms.
11 However, if 7 or more 20 school districts, a majority of
12 which are located wholly or partially in a county with a
13 population in excess of 3,000,000 inhabitants, are parties to
14 a joint agreement that does not have an administrative
15 district: (i) at least a majority of the members appointed
16 by the governing board to the executive board shall be
17 members of the school boards of the cooperating districts; or
18 and (ii) if the governing board wishes to appoint members who
19 are not school board members, they shall be superintendents
20 from the cooperating districts.
21 (c) To employ a director of a joint agreement program
22 under a multi-year contract. No such contract can be offered
23 or accepted for less than or more than 3 years, except for a
24 person serving as a director of a special education joint
25 agreement for the first time in Illinois. In such a case,
26 the initial contract shall be for a 2 year period. Such
27 contract may be discontinued at any time by mutual agreement
28 of the contracting parties, or may be extended for an
29 additional 3 years at the end of any year.
30 The contract year is July 1 through the following June
31 30th, unless the contract specifically provides otherwise.
32 Notice of intent not to renew a contract when given by a
33 controlling board or administrative district must be in
34 writing stating the specific reason therefor. Notice of
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1 intent not to renew the contract must be given by the
2 controlling board or the administrative district at least 90
3 days before the contract expires. Failure to do so will
4 automatically extend the contract for one additional year.
5 By accepting the terms of the multi-year contract, the
6 director of a special education joint agreement waives all
7 rights granted under Sections 24-11 through 24-16 for the
8 duration of his or her employment as a director of a special
9 education joint agreement.
10 (d) To designate a district that is a party to the joint
11 agreement as the issuer of bonds or notes for the purposes
12 and in the manner provided in this Section. It is not
13 necessary for such district to also be the administrative
14 district for the joint agreement, nor is it necessary for the
15 same district to be designated as the issuer of all series of
16 bonds or notes issued hereunder. Any district so designated
17 may, from time to time, borrow money and, in evidence of its
18 obligation to repay the borrowing, issue its negotiable bonds
19 or notes for the purpose of acquiring, constructing,
20 altering, repairing, enlarging and equipping any building or
21 portion thereof, together with any land or interest therein,
22 necessary to provide special educational facilities and
23 services as defined in Section 14-1.08. Title in and to any
24 such facilities shall be held in accordance with the joint
25 agreement.
26 Any such bonds or notes shall be authorized by a
27 resolution of the board of education of the issuing district.
28 The resolution may contain such covenants as may be deemed
29 necessary or advisable by the district to assure the payment
30 of the bonds or notes. The resolution shall be effective
31 immediately upon its adoption.
32 Prior to the issuance of such bonds or notes, each school
33 district that is a party to the joint agreement shall agree,
34 whether by amendment to the joint agreement or by resolution
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1 of the board of education, to be jointly and severally liable
2 for the payment of the bonds and notes. The bonds or notes
3 shall be payable solely and only from the payments made
4 pursuant to such agreement.
5 Neither the bonds or notes nor the obligation to pay the
6 bonds or notes under any joint agreement shall constitute an
7 indebtedness of any district, including the issuing district,
8 within the meaning of any constitutional or statutory
9 limitation.
10 As long as any bonds or notes are outstanding and unpaid,
11 the agreement by a district to pay the bonds and notes shall
12 be irrevocable notwithstanding the district's withdrawal from
13 membership in the joint special education program.
14 (e) If a district whose employees are on strike was,
15 prior to the strike, sending students with disabilities to
16 special educational facilities and services in another
17 district or cooperative, the district affected by the strike
18 shall continue to send such students during the strike and
19 shall be eligible to receive appropriate State reimbursement.
20 (f) With respect to those joint agreements that have a
21 governing board composed of one member of the school board of
22 each cooperating district and designated by those boards to
23 act in accordance with the joint agreement, the governing
24 board shall have, in addition to its other powers under this
25 Section, the authority to issue bonds or notes for the
26 purposes and in the manner provided in this subsection. The
27 governing board of the joint agreement may from time to time
28 borrow money and, in evidence of its obligation to repay the
29 borrowing, issue its negotiable bonds or notes for the
30 purpose of acquiring, constructing, altering, repairing,
31 enlarging and equipping any building or portion thereof,
32 together with any land or interest therein, necessary to
33 provide special educational facilities and services as
34 defined in Section 14-1.08 and including also facilities for
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1 activities of administration and educational support
2 personnel employees. Title in and to any such facilities
3 shall be held in accordance with the joint agreement.
4 Any such bonds or notes shall be authorized by a
5 resolution of the governing board. The resolution may
6 contain such covenants as may be deemed necessary or
7 advisable by the governing board to assure the payment of the
8 bonds or notes and interest accruing thereon. The resolution
9 shall be effective immediately upon its adoption.
10 Each school district that is a party to the joint
11 agreement shall be automatically liable, by virtue of its
12 membership in the joint agreement, for its proportionate
13 share of the principal amount of the bonds and notes plus
14 interest accruing thereon, as provided in the resolution.
15 Subject to the joint and several liability hereinafter
16 provided for, the resolution may provide for different
17 payment schedules for different districts except that the
18 aggregate amount of scheduled payments for each district
19 shall be equal to its proportionate share of the debt service
20 in the bonds or notes based upon the fraction that its
21 equalized assessed valuation bears to the total equalized
22 assessed valuation of all the district members of the joint
23 agreement as adjusted in the manner hereinafter provided. In
24 computing that fraction the most recent available equalized
25 assessed valuation at the time of the issuance of the bonds
26 and notes shall be used, and the equalized assessed valuation
27 of any district maintaining grades K to 12 shall be doubled
28 in both the numerator and denominator of the fraction used
29 for all of the districts that are members of the joint
30 agreement. In case of default in payment by any member, each
31 school district that is a party to the joint agreement shall
32 automatically be jointly and severally liable for the amount
33 of any deficiency. The bonds or notes and interest thereon
34 shall be payable solely and only from the funds made
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1 available pursuant to the procedures set forth in this
2 subsection. No project authorized under this subsection may
3 require an annual contribution for bond payments from any
4 member district in excess of 0.15% of the value of taxable
5 property as equalized or assessed by the Department of
6 Revenue in the case of districts maintaining grades K-8 or
7 9-12 and 0.30% of the value of taxable property as equalized
8 or assessed by the Department of Revenue in the case of
9 districts maintaining grades K-12. This limitation on taxing
10 authority is expressly applicable to taxing authority
11 provided under Section 17-9 and other applicable Sections of
12 this Act. Nothing contained in this subsection shall be
13 construed as an exception to the property tax limitations
14 contained in Section 17-2, 17-2.2a, 17-5, or any other
15 applicable Section of this Act.
16 Neither the bonds or notes nor the obligation to pay the
17 bonds or notes under any joint agreement shall constitute an
18 indebtedness of any district within the meaning of any
19 constitutional or statutory limitation.
20 As long as any bonds or notes are outstanding and unpaid,
21 the obligation of a district to pay its proportionate share
22 of the principal of and interest on the bonds and notes as
23 required in this Section shall be a general obligation of the
24 district payable from any and all sources of revenue
25 designated for that purpose by the board of education of the
26 district and shall be irrevocable notwithstanding the
27 district's withdrawal from membership in the joint special
28 education program.
29 (Source: P.A. 89-397, eff. 8-20-95; 89-613, eff. 8-9-96;
30 89-626, eff. 8-9-96; 90-103, eff. 7-11-97; 90-515, eff.
31 8-22-97; revised 11-13-97.)
32 (105 ILCS 5/10-22.32) (from Ch. 122, par. 10-22.32)
33 Sec. 10-22.32. To authorize the advancement to school
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1 board members the anticipated actual and necessary expenses
2 incurred in attending the following meetings:
3 1. Meetings sponsored by the State Board of Education or
4 by the regional superintendents of schools,
5 2. County or regional meetings and the annual meeting
6 sponsored by any school board association complying with the
7 provisions of Article 23 of this Act, and
8 3. Meetings sponsored by a national organization in the
9 field of public school education.
10 The school board may advance to teachers and other
11 certified employees the anticipated actual and necessary
12 expenses incurred in attending meetings which are related to
13 that employee's duties and will contribute to the
14 professional development of that employee.
15 Such advanced actual and necessary expenses are those
16 reasonably anticipated to be incurred on the days necessary
17 for travel to and from and for attendance at such meetings.
18 After a meeting for which money was advanced to a school
19 board member or teacher or other certified employee for
20 actual and necessary expenses, such member or employee shall
21 submit an itemized verified expense voucher showing the
22 amount of his actual expenses. Receipts shall be attached
23 where possible. If the actual and necessary expenses exceed
24 the amount advanced, the member or employee shall be
25 reimbursed for the amount not advanced. If the actual and
26 necessary expenses are less than the amount advanced, the
27 member or employee shall refund the excess amount.
28 For purposes of this Section only, a person elected at
29 the consolidated election held in April of 1999 or April of
30 2001 to serve as a school board member for a term commencing
31 upon the termination of his or her predecessor's term of
32 office shall be deemed to be a school board member for whom
33 moneys of the school district may be advanced and expended
34 under this Section in order to provide, or to arrange for a
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1 school board association that complies with Article 23 to
2 provide, to that person, after he or she has been elected and
3 before his or her term of office as a school board member
4 commences, training in matters relating to the powers,
5 duties, and responsibilities of school board membership.
6 Notwithstanding any other provisions of this Section
7 10-22.32, no money for expenses shall be advanced nor shall
8 any member or employee be reimbursed, for any expenses
9 incurred on behalf of any person other than such member, or
10 employee, or person deemed to be a school board member for
11 purposes of this Section.
12 (Source: P.A. 85-389.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.".